D-Bell, aka Minor Machman, has a growing email list of those who want Statewide Tax Reform. This blog site is a compilation of his research. His efforts originated in Huntsville, but have expanded to Ogden Valley, Weber County and the entire state of Utah

Wednesday, February 27, 2008

What is becoming one of my favorite newspapers, The Daily Herald, from the Orem-Provo area has published a "local opinion" by George Handley.

Believe it or not, George is apparently a BYU professor, native Utahn, Provo citizen, practicing Mormon and a life long Democrat. But that is OK, because I think after you read what George wrote you (like myself) will agree with the man.

And I hope you will carefully consider what Mr. Handley has to say.

The Rinos (Republicans in name only) most of whom have shown us just how corrupt they actually are...and who refuse Ethics reforms, campaign finance reforms and significant property tax reform, are as stilted and dirty as the money they have extorted and embezzled from us and from "special interests".

And like motor oil after 6,000 miles, their lubrication of Real Estate and Developer skids has left us citizens with worn patience, friction between property taxpayers, and chafed citizens due to conflict of interest, dirty, and unfiltered (by logic and common sense) legislation.

This session will undoubtedly go down as one of the most shameful and disgusting legislative sessions in history. To attempt to salvage incompetence and disinterest in record numbers of citizens voices, by 5th week desperate sideshow theatrics, knowing full well it is political grandstanding, is beyond political forgiveness.

We asked for property tax reform - we got nothing.

We asked for property tax relief - we got nothing.

We asked for common sense taxation on three-acre minimum size lots - we got nothing.

We asked for ethics reform - we got nothing.

We asked for campaign finance reform - we got nothing.

We ask simply to live in freedom and liberty - instead we got HB 466 taking those constitutional rights away from some of us by developer friendly legislation.

We asked that it be repealed - we are getting a political sideshow and grand standing.

We asked for a Blue Ribbon Study commission to research property taxation best practices - we got a GOP lead and majority of incestuous legislators funding themselves to waste our tax money further and more importantly slow roll and significant property tax reform measures. The findings will have no credibility and they were told specifically they must have citizen participation and involvement - we got nothing but fraud, waste and abuse.

And there was more. Much more...one in four bills introduced, at minimum, were conflicts of interest. For example according to the Deseret News, "• Rep. Gage Froerer, R-Huntsville, a real estate broker, introduced four bills dealing with real estate law. " And he was involved in every one of the "we got nothings" detailed above.

If you are not convinced that Mr. Handley is correct about it being time to seriously consider voting for Democrats to replace Republican incumbents in Utah, you need to reconsider your grasp on reality. And you need to consider if the present one party legislature, left unchecked another session, will leave any Utah citizen with any rights.

"Democracy is based on the conviction that man has the moral and intellectual capacity, as well as the inalienable right, to govern himself with reason and justice." Harry S. Truman

We all need to ask ourselves if we think we have been "governed with reason and justice." If you think you have been...then "I got nothing for you but hope for the future and for change."

As a college student twenty years ago, I traveled behind what was once known as the Iron Curtain and saw firsthand how a single-party system creates a culture of public disengagement with politics. I learned that democracy without political plurality is not the rule of the people but the rule of hardened tradition and capricious power. Political competition keeps parties answerable to the people about what they are doing and why.

In Utah County (and I believe also in Weber County. machman), however, I believe we have seen a slow and steady erosion of democracy. We have seen many Republicans chosen for, not elected to, office and many who have never run against opposition.

Without a single statement from LDS church leadership to back it up, we have heard for years the empty claim, if not the unspoken assumption, that "good" Mormons can only be Republicans. This, a myth that makes reason stare not only in a plural society like America but in an increasingly international church, not to mention in a party as apparently inhospitable to Mormons as Mitt Romney's party is. Perhaps Romney's fate stings, but his spurning by the evangelicals comes as no less an assault than that experienced by Mormon Democrats in Utah culture for some time. Recently, I read one Republican incumbent in Utah County express "surprise" that a Democrat, and fellow Mormon, would choose to run against him. Surely such surprise is a symptom of a broken system.

Freedom depends on diversity. It is not secured through staid tradition, chauvinism, censorship, or intimidation. Consensus that relies on habitual and categorical trust of some and distrust of others is a threat to the free flow of information and to freedom itself. Freedom is secured in a culture that acknowledges diversity of opinion and celebrates genuine exchange of ideas. In a culture of exceptional homogeneity of belief, the preservation of political openness is even more vital. I suppose this is the same reason why the LDS church depends on councils, counselors, and auxiliaries. It impoverishes a church, as it does a plural society, for anyone to feel shamed merely because of a difference of opinion, as if holding a minority viewpoint were necessarily a symptom of following the wrong spirit.

In a single-party political culture like we have here in this county, our choices have become less meaningful because they are too few and too predictable. I believe this contributes to the growing public disengagement in local politics. Once our state officers are no longer answerable to us, there is nothing left for them to do but to try to distinguish themselves by being the most conservative crab in the barrel. Utah's political dramas have been reduced to a battle between moderate Republicans and the vocal extreme right wing, a group who have made it necessary for the otherwise politically reticent LDS church leadership to speak out in order to rein them in on such issues as immigration and gun control. As we saw in the voucher battle, the energy spent on these battles has drawn the Republican Party farther to the right and away from the middle where most Utahans find themselves.

Diehard straight party voters do a disservice to their own party and to democracy itself. I would like to challenge my Republican and unaffiliated friends to take a closer look at the Republican Party's political behavior in the state legislature. An honest look reveals a crying need for a more balanced two-party system. The Democrats who have announced their candidacy for state office in Utah County (an soon to be in Weber County, machman) thus far deserve close attention and, I submit, active support, not a partisan knee-jerk dismissal. They are socially conservative, morally upstanding, visionary, and well-seasoned by experience. Their political ideals are arguably more consistent with most polls regarding Utah voters' values on education, environmental stewardship, health care, and immigration than those currently in office. And even when they present new and challenging positions, maybe there is something we can learn by listening.George Handley, a humanities professor at Brigham Young University, is a native Utahn and citizen of Provo, a practicing Mormon, and a lifelong Democrat.

Tuesday, February 26, 2008

The first figure is the conservative amount of monies taken from the Realtor, Developer, and Real Estate Finance special interests in 2006.

The second larger figure is the Total 2006 amount contributed by "special interests".

And the last two digit number (1-39) is a footnote which corresponds to notes which reveal additional special interest money given in the form of Jazz & concert tickets, meals, junkets (trips), green fees, etc. Representatives:

41 of 75, or 56% of our House of Representatives receives more than 20% of campaign funds from Realtor/developers, construction, real estate finance special interests.

*combined contributions which include 20% or more including the candidate if that candidate is in the Real Estate/Development business.** Based upon taking more than $50,000 a year over an above pay and benefits, per diem, mileage, and lodging during regular sessions and interim work sessions, for a volunteer public service job.

Legislators are paid for the days they are in session (45 days). The Compensation Committee elected to set up pay such that income tax deductions are maximized. In addition to paid days ($130) which can include extra days in “Interim sessions” they receive mileage ( .45 per mile) and per diem ($54/day) for meals, plus lodging ($94/night) even though 70% of them drive home most nights of the 45-day session.

The Gift Taking Story:

The “gifting” shown below is either money they spent from the “campaign funds” or additional “gifts” they accepted from special interests/lobbyists. You should notice in many instances our legislators have very different ethical standards when it comes to spending “free money”. Money given them by special interests which have expectations and who have invested in them with these expectations. The legislator’s rationalizations are almost humorous if not sadly true.

“One simple set of facts — not accusations — makes my point: In 2007, Utah's 104 part-time legislators took in a total of $250,000 in gifts from registered lobbyists — who, by a law I'm sure many lawmakers regret ever passing, requires lobbyists to list how much they spend on legislators.In some other states, or even Congress, such gift-taking might be called "legalized bribery" — as indeed it has been called in Congress. But not in Utah. In Utah, it is the cost born by many lobbyists (although certainly not all) in trying to influence the Legislature.” Deseret News, 22 Feb. 08.

You should be able to see who your legislators are, what they are taking in and then decide for yourselves whether an incumbent or challenger should get your vote.

In summary, legislators spent at least $22,000 on cameras, TVs and computers which can be used for both campaign and personal use.-At least $26,750 to put relatives on payrolls.-$1,125 of campaign funds to park their vehicles.-at minimum $13,500 to join or pay dues to a variety of political and civic groups.-$48,200 to charities which could help build good will; fund for Crandall Canyon Mine disaster victims ($3,100),; Boy & Girls Clubs ($2,675);, Boy Scouts ($800); Human Rights Campaign ($700); schools, junior livestock shows, environmental groups and service organizations.They gave a minimum of $81,600 to each other and political groups or parties.

40 of 55 (72%) of Republicans voted against lobbyists naming lawmakers who accept meals valued at less than $50. 20 Democrats voted for the measure apparently.

Friends and neighbors,This "ethical absenteeism" has turned me into a Democrat...at least a Utah Democrat, meaning a very moderate fiscally conservative and responsible Democrat. The GOP Elephants have forgotten and therefore lost their way - except to the bank.One must ask themselves "If they can not run an efficient and fiscally responsbile, accountable and efficient campaign, how on earth do we expect them to run a fiscally responsible, accountable and efficient State government?"D-Bell

1. Senate Majority Leader Bramble, R-Provo accepted dinner cruise and accepted the most disclosed gifts of any legislator last year – worth $1,170. “What I took last year in gifts was fully disclosed. We have transparency. We discuss this every year…and the feeling of the Legislature is that we have adequate disclosure.” $846 in meals; $200 in Utah Blaze tickets; $05 for a Great Salt Lake cruise; and $29 in Utah Jazz tickets. (Bramble had hundreds of dollars in Jazz tickets from Lockhart before Bramble paid Lockhart back for those events.) He went on a Great Salt Lake cruise ($107). $4,475 taken from lobbyists in gifts valued at more than $50 a day.2. Senator Chris Buttars, R-West Jordan, bought $149 in clothes with campaign funds and also had his car repaired ($2,500). He also spent $214 to a car dealer to “upgrade OnStar”. He spent $5,243 on personal expenses.3. Senate Minority Leader Mike Dmitrich, D-Price, took $1,083 in expensive tickets, meals and other items valued at more than $50. $6,777 in gifts costing greater than $50, and a $1,700 round trip to Florida to “look at a special interest’s privatization efforts. And then took in a lobbyists paid round of golf.4. Sen. Dan Eastman, R – Bountiful, $500 for Jazz front row seat. But claims he paid Stokes for the ticket.5. Sen. Brent Goodfellow, R-West Valley, gave himself $50 every couple of months for “gasoline use” in driving around his Salt Lake County-based district. Also used campaign funds to pay for passports or visas $120.6. Sen. Patricia Jones, D-Holladay, accepted four tickets @ $97/ticket ($388) and vowed to reimburse Blue Cross and Blue Shield lobbyist Jennifer Cannaday.7. Sen. Mark Madsen, R-Lehi, had a long list of interesting campaign expenditures, including some big money for baby-sitting, attending sports events and maybe helping relatives. Paid his brother to run $12,000. $4,540 on baby-sitters and nannies. $97 for membership in and neckties by Accuracy in Media. $79 on family meals and parking for family events at the theater, planetarium and museums. And he spent $589 on a digital camera. $37 for a Utah Valley University shirt. All from “campaign funds”.8. Sen. Wayne Niederhauser, R-Sandy, paid himself $30,500 for loans to earlier campaign.9. Sen. Ross Romero, D-Salt Lake City, accepted two $97 ($194) concert tickets. He also spent $6,972 on personal expenses. He said he paid for conferences he attended that had to do with his legislative work.10. Sen. Howard Stephenson, R-Draper, also accepted two $97 ($194) concert tickets. “The good Senator from Draper went on a nine-minute rant about how bad and evil the media was on reporting on lobbyists’ gifts, and how appropriate it was that lawmakers take dinners and Jazz tickets to ease the pain of being away from hearth, home and family.” YGBSM!11. Senate President John Valentine, R-Orem, raised the most in “campaign contributions” during 2007, the off-year, from special interests at $78,641. “legislators used at least $108,500 for travel, much of it outside of Utah to places such as China, by Senate President John Valentine and U. S. sites including Alaska; Orlando, Fla.; San Francisco,: Nashville, Tenn.; san Diego, Calif.; Boston; Savannah, Ga.; Chicago; Jackson Hole, Wyo.; Seattle; and Washington, D.C. He paid for passports and visas and other gifts worth $849, fifth on the taking rankings behind Clark, Dmitrich, and Bramble. Valentine said he considers eating a meal on a lobbyist’s “dime” is part of doing his legislative work because he is giving his time to the lobbyist.12. Sen. Darin Peterson, R-Nephi, accepted a cruise on the Great Salt Lake from lobbyists ($107).13. Sen. Michael Waddoups, R-Taylorsville spent $85 on either a wedding gift or birth.14. Rep. Bud Bowman, R-Cedar City, spent $60 on dry cleaning another $49 for shirts.15. Rep. House Majority Leader David Clark, R-Santa Clara, says no legislator runs or serves believing he’ll make money. Instead, it costs legislators to serve. Clark ranked fourth in overall gift receiving at $862. Clark was also mentioned for travel expenses to Germany and U.S. sites including Alaska; Orlando, Fla.; San Francisco; Nashville, Tenn.; San Diego, Calif.; Boston; Savannah, Ga.; Jackson Hole, Wyo.; Seattle; and Washington, D.C.16. House Speaker Rep. Greg Curtis gave a $50 gift for either a birth or wedding. Curtis also accepted wedding gift to daughter for $83.77 from CEO of Utah Realtor Assoc., Kyler.17. Rep. Brad Dee, R-Ogden received four $97 tickets ($388) for a concert.18. Rep. Jack Draxler, R-North Logan gave himself $6,300 in cash from campaign funds for what he simply listed as “income”. Draxler said he earns “substantially more” each day as a self-employed appraiser than he does as a legislator. That $6,300 is actually reimbursement for lost wages during his legislative work, he said. And he accepted $235 in Utah State football tickets.19. Rep. Julie Fisher, R-Fruit Heights, paid herself for loans ($100).20. Rep. Neil Hansen, D-Ogden, went on the Great Salt Lake cruise ($107).21. Rep. Neal Hendrickson, D-West Valley, spent $185 on dry cleaning or cleaning and $75 for a sports coat.22. Rep. Hutchings spent $61 in dress shirts from Mervyn’s and $120 for shirts and $365 for suits and shirts say it was a “50-50 match with personal funds”.23. Rep. Todd Kiser, R-Sandy, spent $70 on a freeway HOV-lane pass and a new suit at the Mr. Mac sale $169 and he also paid $90 for special legislative shirts from the legislature’s “third House” operation. Another $59 on “candy for Halloween”. He spent another $170 on weddings or births gifts. $558 from “campaign donations”.24. Rep. Rebecca Lockhart, R-Provo, gave $5,000 to her husband, Stan Lockhart, for his successful campaign to become chairman of the Utah Republican Party. Of course the Utah County Republican Party just had contributed the same $5,000 to her “campaign” prior. Golf green fees fro Utah Realtor Assoc. Kyler $88.86.25. Rep. Steve Mascara, R-West Jordan, repaid himself $2,500 for a loan he made to his campaign. And also $814 for “auto expenses” at car repair shops or dealerships.26. Rep. Ronda Menlove, R-Garland, went on the Great Salt Lake cruise ($107).27. Rep. Karen Morgan, D-Cottonwood Heights, spent $40 of campaign money toward a passport.28. Rep. Mike Morley, R-Spanish Fork, used campaign funds to pay a $10 “parking ticket” to Salt Lake City.29. Rep. Mike Noel, R-Kanab, spent $68 on dry cleaning; uses his campaign account topay for gasoline used to drive around his eight-county district although he receives mileage reimbursements for travel to Salt Lake City. He spent $3,600 in partial rent for a Salt Lake apartment last year. And another $656 for “rent paid for part of session” in Salt Lake City. He gets $90 a day for hotel stays. He also uses campaign funds to pay for cleaning his suits and shirts.30. Rep. Curtis Oda, R-Clearfield, spent $443 for “legislative shirts”, $364 at Nordstrom for his wife’s dress fro swearing-in ceremony; $101 expense for a dress for a ball; $177 at Macy’s for a suit for her; $211 at New York Lerner went for “event clothes” for his wife; and $21 at Forever Young to buy her some Western boots. Oda spent $21 at Ream’s on his Western boots. And he spent $32 on dry cleaning or laundry. Let’s see $1,317 for his wife’s clothes and $54 bucks on himself. And he gave $144 to others for gifts. And then spent $50 on a class for concealed weapons class and $63 for “snacks” and another $20 for “pens & pads for legislative CCW class” plus another $156 to the instructor. Dinner from Utah Realtor Assoc. Kyler in Boston, $85.00.31. Rep. Steve Urquhart, R-St George, spent $48 to rent a tuxedo and $81 on dry cleaning/laundry. Accepted $85.00 dinner in Boston from Chris Kyler, Utah Realtor Association CEO.32. Rep. Carl Wimmer, R- Herriman, paid himself $1,200 and his wife $1,000 for campaign/delegate organization work.” He then spent $528 at Mr. Mac for suits.33. Rep. Paul Ray, R-Clearfield, spent $103 on cleaning expenses.34. Rep Tim Cosgrove (D)-Murray, accepted dinner for two in Boston from Utah Realtor Assoc. Chris Kyler CEO lobbyist for ($170).35. Sen. John Hickman R-Washington Co., spent $7,592 on personal uses.36. Sen. Scott McCoy (D)-Salt Lake County, spent $7,240 on personal uses including paying himself back some money he contributed to his own campaign.37. Sen. Peter Knudson R-Box Elder, Cache, Toole Counties, spent $1,341 for personal uses.38. Sen. Scott Jenkins R-Weber County, spent $1,608 on personal uses.The above is only the tip of an iceberg and hundreds of thousands go unaccounted for.39. Sen. John Hickman R- Washington County, spent $7,592 of his “campaign funds for personal use.40. Sen. John Greiner R- Weber County, Ogden, is a quadruple dipper from the public trough. He is actually retired from the police force with full benefits. He is also current Police Chief with big salary. He is also retired from the Army Reserve with pension and he is drawing salary from his State Senate Seat. All of which makes him perhaps the biggest sucker attached to the public tit in Utah.

Monday, February 25, 2008

This is the first of two posts which attempts to answer the important question,"So Machman, who should we keep of the incumbents?" I can not tell you, nor will I try. But I will provide data taken from "followthemoney.org" for 2006 for campaign contributions indicators. I will suggest that the "campaign" contributions in 2007/2008 will very likely more than double these 2006 figures.

And I have researched using the Salt Lake Tribune and Deseret Morning News articles and "numbered footnotes" to allow you great readers an opportunity to see who is "on the take and who is on the double take". Then, if you agree with me that such is corruption and graft, immoral and disgusting, you can jot down a few notes or print for reference during the upcoming caucuses, delegate selections, and candidate nominations. You can share them with your neighbors and spread the word and thus make a significant statement and difference as we select hopefully some more ethical candidates for office.

A friend from Bountiful suggests these are all just "good people caught up in a bad system". And he may be right. But if the system is bad why have they continuously refused to reform the system? Why do so many continue to take and take so much without sending the donations back? No, Ron...these who rationalize taking with both hands are corrupt and need to be replaced this November... Pure and simple. There can simply be no excuse for Utah being the laughing stock of the entire United States due to lax campaign and ethics laws.

It is up to you and your friends, neighbors and family members to help resolve this disgusting situation in our state legislature. I report....you decide, if you want these Cretans representing you in any way. And frankly if you do...you will deserve everything you get. Higher and higher property taxes, more and more development friendly legislation at the expense of citizens, more graft and corruption by the Realtor Association and its poodle law firms, more non solutions to problems, more legal abuse and the weakest fraud legislation in the entire Country, more waisted time on fluff resolutions while serious problems remain unaddressed. You will have earned exactly what you will get.

May I suggest you consider candidates who have character, integrity, and who believe that this whole money grubbing situation is simply dishonorable and disgusting. And an embarrassment to our State. May I suggest you consider voting against incumbents who have shown disregard for common sense ethical behavior and who have not delivered on promises for change so desperately needed especially now. Please use your "free agency" and your own judgment and reject these conflicted legislators who would not know a Conflict of Interest if it bit them in the arse.

Namaste,

D-Bell( I apologise for the formating problem but this blog stuff doesn't seem to allow correct columns so you have to use your mind to figure it out... BEAK!)The “campaign contribution” story (2006 data):

17 of 29, more than 58% of Senate received more than 20% of campaign funds from the Realtor/Developer, Construction, Real Estate Finance special interest groups based only on 2006 public information.We will not know about 2008 for another year. although last year, lobbyists and special interests doled out $279,000 in giveaways. These moneybags gave another $827,000 in campaign donations, according to a Deseret Morning News analysis.

*combined contributions which include 20% or more including the candidate if that candidate is in the Real Estate/Development business.** Based upon taking more than $50,000 a year over an above pay and benefits, per diem, mileage, and lodging during regular sessions and interim work sessions, for a volunteer public service job.Legislators are paid for the days they are in session (45 days). The Compensation Committee elected to set up pay such that income tax deductions are maximized. In addition to paid days ($130) which can include extra days in “Interim sessions” they receive mileage ( .45 per mile) and per diem ($54/day) for meals, plus lodging ($94/night) even though 70% of them drive home most nights of the 45-day session

Gifts less than $50 are not accounted for anywhere and legislators can spend their campaign cash however they choose.

Tomorrow it will be the Representative's turn and a detailing of the gifts as per the numbered footnotes.

Saturday, February 23, 2008

Greetings friends and neighbors,Sometimes today's news is best reported by others. Such is the case again as "Rudi" of the Weber County Forum has uncorked the facts far better than I can. And it does help to know I am not alone in my preceptions. Such is the case with the Powerville fiasco and the way our Eden residents were treated. To give WCF the maximum coverage it deserves Rudi's piece is echoed here. Listen to the audio for yourselves and make up your own mind. And I suggest you also read the comments including the one from "Crumudgeon" a retired WSU history professor and Phd who is passionate about citizen's inalienable rights. You know, "the we hold these truths to be self evident. That all men are ...." part. If a developer can get by doing what has happened in Powderville, where are the people's rights?Again I say, this situation just can not be legal no matter what "screwed up legislation" was nefariously passed by our representatives. This simply can not be allowed to stand. Something about the 14th Amendment and the "Equal Protections" Clause our "representatives" do not apparently seem to understand. For if they did they would have never voted 66 to 0 to pass HB 466, nor would our representative stand idly by as his constituents are being robbed of their "equal protections" by his buddies in the Realtor/Developer "mafia".

These people must go...back to high school and civics class, or basic government classes...but they must not be allowed to continue as our representatives unless you want more of this type of shameful, ignorant and abusive representation.

Folks, it is all up to you and me to change the face of our legislature this Fall or sooner. Vote against incumbents and let's get a fresh new unconflicted crowd into office. Namaste,D-Bell

"Better late than never, we hope"

We're quite delighted that the Salt Lake Tribune's Kristen Moulton has finally stepped up within the last few days, to report on the Powderville Town Incorporation land-grab. She's an outstanding Utah reporter, and hopefully, her intelligent reporting doesn't come too late. The people of Utah need to be informed about our Utah corporo-fascist problem. If anyone can do that, it's Ms. Moulton.From today's article Kristen reports about the effects of Tuesday's House Committee hearing, during which Committee Vice Chair Gage Froerer (who chaired the meeting) essentially told a pack of citizens from Ogden Valley: "just shut up."We incorporate here the key paragraphs from Kristen's article."

A House committee Thursday endorsed a makeover of the law that guides town incorporations.But lawmakers turned a deaf ear to Ogden Valley residents who want the new law to block Powder Mountain's incorporation.The bill, HB164, proposed by Rep. Melvin Brown, R-Coalville, would replace HB466, passed with little discussion at the end of the 2007 legislation, a measure one representative - Kerry Gibson, R-Ogden - acknowledged Thursday was a "major screw-up."Please listen to the recorded hearing transcript now, gentle readers. If you take the time to hear it, you'll find that this House Committee didn't even address the "disenfrangisement issue." Perhaps Rep. Froerer didn't realize that the lumpencitizens would be listening in when he treated them so rudely. These people on the committee listened quitely while the Ogden Valley citizen-activists, who'd gotten up early in the morning and travelled to the capitol to address what they assumed to be an open-minded standing committee, (and who would hear and consider their concerns) -- got shut down by "Acting Chair " Gage Froerer -- who awarded their citizen activism, by limiting the last two of them to "one minute."If you have an ounce of political passion, gentle readers,listen to the audio transcript here.

After that, you can become "ticked off," along with your blogmaster. "

Wednesday, February 20, 2008

Hello friends and neighbors,In case you actually had to work today and missed what went down at the State Capitol, here is a summary. I listened as Ogden Valley residents were rushed into 60 second comments, an indication of a lack of respect for affected citizen opinion. It was the worst Committee meeting I have ever witnessed, bar none. I can only hope people will remember come November. These corrupted legislators need to be someplace besides in our legislature. And the corrupting money from the special interests they represent, instead of us, needs to be haulted. Help me help us in the caucuses and November.At this stage a vote against just about every incumbent would help to clean "our house" of the vermin who have moved in on our rights as citizens.With sadness for our State,Minor MachmanFrom Rudi's Weber County Forum:

A Treasure Trove of Weber County Forum Articles & DocumentsThursday, February 21, 2008

"We link here the roster of the House Political Subdivisions Committee members who wouldn't lift even a finger to fix the "unintended results" of last year's HB466, which one local legislator admitted to have been a "major screw-up." All of these same folks will be coming around in November to ask for our readers' votes. We urge everyone to print out this list, and file it for future reference. Chalk this up as the most shameful day yet, in what's turning out to be the most shameful legislative session in recent memory.House Political Subdivisions Committee - 2008Rep. Fred R. Hunsaker, Chair Logan/North Rich Cache, Rich CountiesRep. Gage Froerer, Vice ChairWeber County (Ogden) ValleyRep. Sheryl L. Allen Davis CountyRep. Rebecca Chavez-Houck ?? Recent appointee??Rep. James A. Dunnigan Salt Lake County (Taylorsville)Rep. Kerry W. Gibson Western Weber CountyRep. Richard A. Greenwood ?? Recent appointee??Rep. Jennifer M. Seelig Salt Lake CountyRep. LaWanna Lou Shurtliff Weber County (Ogden)Rep. Stephen H. Urquhart Washington County (St. George)Rep. R. Curt Webb ?? Recent Appointee??

And from Tuesday's post on the protest:

"We have saved the most incredulously stupid comments for the end, and they were published in Marshal Thompson's Standard Examiner coverage of the Protest. Sadly, by a future Powderville resident and realtor in Gage Froerer's office named Erin Stokes.

We will give her the benefit of the doubt as she has obviously been drinking the Powder Mountain kool aid and could use a serious dose of reality. Her comments provide for a laughable and astonishing read:"Erin Stokes, a real estate agent in Eden, said she can’t understand why some of her neighbors are against the in- corporation plan. After looking at both sides, she said, she feels a new town is clearly the best choice. “I listened to all the things my neighbors had to say. I talked to the marketing people for the developers, and they were very helpful,” she said.“I’m just really excited about it. I don’t see any negatives to it at all, and I’ve studied it a lot.”

She must be using a different text book for those studies than the rest of us.

And of course marketing people are helpful - they are trying to sale you something that you do not need!

Tuesday, February 19, 2008

Greetings friends and neighbors,

PUBLIC SCHOOL FUNDING - House Bill 391

This Bill passed through the House Revenue and Taxation Committee today. It will shift 20 to 30% of property tax bill from our property tax notices in August to sales tax increase of 1.65% on non food purchases or unprepared food.

Based upon the House Committee debate I give it about a 30% chance of passing through the Senate. MM2 2008 GENERAL SESSION3 STATE OF UTAH4 Chief Sponsor: Wayne A. Harper5 Senate Sponsor: ____________67 LONG TITLE8 General Description:9 This bill amends provisions in the Minimum School Program Act, the Property Tax10 Act, and the Sales and Use Tax Act relating to certain property tax levies and the11 funding of public school programs.12 Highlighted Provisions:13 This bill:14 < repeals the authority of school districts to levy certain property taxes;15 < requires a school district to abate certain property taxes raised for debt service to the16 extent that money is available from other sources for the payment of bond interest,17 principal, and redemption premiums;18 < requires a school district to use the money received from the increase in the sales19 and use tax to offset the loss of certain property tax revenue;20 < prohibits a taxing entity from imposing a property tax rate higher than the taxing21 entity's certified tax rate for three years;22 < increases the sales and use tax on certain transactions by 1.65%;23 < dedicates the revenue generated by the 1.65% increase to the Uniform School Fund;24 < adjusts a school district's certified tax rate due to the repeal or amendment of the25 property taxing authority of the school district;

2. The next Bill which passed unanimously in the House Revenue and Taxation Committee today was HB 333 S3. Senior Citizen Homeowner's Credit.

It basically now says the Circuit Breaker credit for those 67 or older and who can prove (first page of IRS 1040) that they earned less than $33,000 a year can apply for the credit. This 8th category adds in theory 5,792 parcels or properties statewide and extends the 20% additional discount. In other words on primary residences where we normally get the 45% discount off full market value, this new category, or increase in the maximum of the Circuit Breaker from basically $27,000 to $33,000 allows those who qualify for the Circuit Breaker provision to get an additional 20% reduction. So if your residence has a "market value" of $250,000, you would pay property taxes based upon 35% of that value ($87,500) instead of 55% ($250,000 X .55 = $137,500). And if you rent and qualify you get a whopping $50 credit.

It took two (2) years for the sponsor to understand that no one, and I mean no one, would accept the deferred taxes @ 6% interest penalty and a lein on their property. So that disgusting part of this bill was finally dropped after heavy senior citizen (I am one) lobbying against it. Committee Chairman Dougall said, "I have found no one who liked the deferred taxes with interest, part of this bill."

Again given the debate, I give this bill about a 60% chance of passing through the Senate based upon the fiscal note (how much the shift in taxes will be to other property owners) of between $300,000 and $400,000. The Senate will be looking for a relatively "cheap" way to go, so they can claim they actually did something about property taxes for the poor...defined as over 67 and under $33,000/yr. income.

When asked why the $33,000 limit, the sponsor (Rep. Froerer) said, "We wanted to keep it (meaning the fiscal note or tax shift) under $400,000. "Why" was never discussed nor asked.

Rep. Wimmer wanted to extend it to young couples and lobbyist Rowland agreed with him saying this is the way to target relief to young families. There was no further debate as time had run out.

Actually, the Utah Realtor Association did like deferred taxes and supported it for these two years, which has held it up unnecessarily. (Re Bryan Kohler's remarks from 19 Sept 07.)

Some other stuff passed but was relatively insignificant with regard to property taxation. Neiderhauser's bill to require an election to raise our property tax rate higher than the Consumer Price Index was killed in committee.

Senator Neiderhauser is sponsoring a bill that would fund a Revenue and Taxation Interim Committee Task Force (thus insuring they pay themselves) to study property tax alternatives over the Interim (a term they use to describe working session between the regular legislative sessions). The problem with his proposal is it will be manned by our elected Senators and Representatives (about six Rs and six Ds) who generally have no interest nor qualifications. It therefore will have no credibility or very little due to having had the foxes studying locks for the henhouse. They are making the most basic and fundamental errors and mistakes known to man. They have been told what to do and how to form a Blue Ribbon Study Committee but had rather pay themselves to come up with totally predictable results. Waste more time and more or our money giving the ruse that they are serious about property tax reform. This is not the case I regret to tell you all. They are serious about keeping the gravy train rolling along and getting rich off needless and exhorbitant property assessements and esculations. In maintaining the status quo in most cases.

I have said it many times and I say it again. This element simply has to be replaced with people who will represent me and you and not special interests like the Realtors Association and Developers who have taken over our legislature.

They are slick, mostly Political Science grads and lawyers who are prospering off the real estate and development business at our expense. They have been chipping away at every conceivable barrier against development at every level of government using a well funded "machine". We have recently seen the "Powerville" for example. And there are ongoing attempts to pass legislation to require municipalities to turn over publicly funded municipally owned golf courses, recreational facilities, etc. to developers. And many more insidious legislation has been passed and will be passed unless we wake up and fight back.

Monday, February 18, 2008

Warm greetings friends and neighbors,I just thought you might like to hear what I have been trying to tell you from another person, Cary Hobbs. His commentary was taken from the Salt Lake Tribune. Thanks Cary, I don't know how I could have missed your fine and painfully truthful article.Privatization bill would crack open Fort Knox for developersCary HobbsArticle Last Updated: 02/02/2008 12:12:32 PM MST

The last several sessions of the Utah Legislature have sought to pass various measures attempting to limit the authority of our cities and locales to control their own destiny.

One of the first bills was an effort by former Senate President Al Mansell, a major real estate industry figure, to limit or prohibit local planning and zoning functions that affect developers.Last year saw the disastrous bill by Mel Brown, giving developers the ability to incorporate their property into their own city without any input from the county government or neighbors, and without even requiring agreement by any of the other 100 required named landowners.

We have three of these monstrosities pending in court actions in Wasatch country, and House Speaker Greg Curtis, R-Sandy, has refused to allow any "fixes" to the bill so far this year.

This year we are faced with the most insidious bill yet: a bill to privatize any government activity or property that competes with a developer or entrepreneur.

Craig Frank, R-Pleasant Grove, has introduced bills that require cities to sell their golf courses to developers, close and sell their fitness centers, close equestrian centers so the "private" sector would not face competition.

Obviously this is like cracking Fort Knox for developers who are salivating over some of the choicest real estate in every municipality. Frank was quoted as saying "we need to step back and determine what is government's responsibility and what is private sectors." (The Salt LakeTribune, Jan. 29). Let's do that.

The principles of the Republican Party and democratic government in general have always been to have decision-making at the level closest to the people. For the state Legislature to dictate how our cities are run, how we choose to zone and plan, and what life-enhancing benefits we choose to offer in our communities is dead wrong. Un-American.

Our community facilities are operated and priced to serve all the citizens - the elderly, the poor, teenagers, as well as the top 2 percent of money earners who, with their tax cuts, can afford gated communities and exclusive and expensive golf if they choose.

Our children grow up in communities with opportunities to do something other than "hang out" at the Wal-Mart. The open spaces and trees of our golf courses enhance all our lives whether we play golf or cross country ski or just look at these beautiful parks.

Recreational facilities raise the property values of a community. They enhance our quality of life. Most importantly they represent the desires of the people who live in a community. That is a proper role of government.

What is not proper is for state legislators, who perhaps haven't even been to the communities they are seeking to dominate, to pass laws about what we can or can't do in our home communities. It's not proper to turn our jewels and treasures into multiuse developments or private, expensive, exclusive facilities.

It goes against everything the formerly Grand Old Party ever stood for. It is bad policy.

We know that the huge contributors expect a payback. We know that the largest groups represented among the legislators are developers and people whose business is real estate.

We know that this group of legislators has shown us they will never pass conflict of interest laws or ethics rules, so it's up to us to find people concerned with "the people" and not concerned about making money for themselves or their friends.House Bill 75, House Bill 76, House Bill 120 and Senate Bill 45 sponsored by Sen. Howard Stephenson, R-Draper, must be defeated. Call your state representative or senator and demand they keep to the proper role of government. If you don't, your family's quality of life in our beautiful state may shortly diminish forever.

If I may borrow a phrase from Rudi..."gentle readers", friends and neighbors we just HAVE to wake up and vote these Realtor/Developer legislators out of office. If no one else will run against Representative Gage Froerer. I will and I am "for the people" not for any special interests. Please spread the word as delegates will be chosen very soon. We do not need more of the same. We need ethics reform, property tax reform, campaign finance reform, and it will take several years to right the wrongs already done to "we the people" by this nefarious and highly financed Realtor/Developer mafia.Spread the word. Tell your neighbors and attend neighborhood caucuses. Our literal future and our grandchildren's future depends upon you and how you vote.namaste,D-Bell

Saturday, February 16, 2008

Our Ogden friend, "Rudi", wrote this for the Weber County Forum. It is not specifically related to Property Tax Refrom, however; it is such an important issue to all of us in the Valley, I decided to repeat it here to make certain everyone has a chance to read it.

“We don’t want to deal with retrospect. There are numerous incorporations already going forward, and to roll back the clock would put us in a litigious situation.”Sen. Kevin Van Tassell, R-Vernal.Standard-ExaminerFebruary 16, 2008

“Lawsuits are likely regardless of what happens, and the potential fallout from House Bill 466 last year needs to be stopped. Just because we opened the door and the animals got out, that doesn’t mean we can’t gather up the animals and put them back in the barn,”Sen. Allen Christensen, R-North OgdenStandard-ExaminerFebruary 16, 2008

Hoo-boy, gentle readers. After perusing the Standard-Examiner this morning, we're having one of those startling flashes of clarity that we call a "Utah Epiphany." Here we've been naively working like madmen over the past few weeks, trying to muster support for Senator Stowell's (R-Parowan) SB-25, which we believed to be curative legislation for the evils of last year's HB-466; and now we learn -- in this morning's Jeff Demoss story -- that the current version of this bill, which passed in the senate yesterday by a 26-1 vote, is not designed to operate retroactively. ("It becomes effective when the Governor signs the bill."MM)

Yesiree, folks, those gutless wonders in the senate passed a remedial bill alright; but it won't do anything to help those folks in Ogden Valley who stand to live for at least two years without elected town representation -- under the dictatorship of corporate Powder Mountain developer appointees. Senator Allen Christensen made a valiant effort to add a retroactive provision to the bill, according to today's story, but his cowardly Senate colleagues apparently turned him down flat.

(Senatorspro developer and heavily "subsidized" by the Realtor Association and various construction and banking investment, development, and real estate money by the way. MM insert)

Our take on the solution to the current political predicament is of course very simple. It was the Utah State Legislature who caused this problem; and it's the responsibility of that same legislative body, (the entire body, including the senate,) to fix it. The solution seems fairly uncomplicated, we believe, if we can rely on the accuracy of today's story. The House of Representatives can pass one of the two other pending House bills which do contain retroactive provisions (HB-413 or HB-164,) and send one of them on to the Senate. Alternatively, the House could kick back a House-amended SB-25 (with retroactive provisions.) Whatever they do, we hope representatives like Gage Froerer (R-Huntsville) will have the courage to stick to their guns. Otherwise it will be, once again in Utah, the "little people" who are left holding the bag.

As to the threat of developer litigation, by the way, we'll offer that we are not impressed. And to our gentle readers we ask, in the event that litigation will be the inevitable result of the legislature's "doing the right thing," how, exactly will any developer prove damages? Will Utah developers with pending incorporation petitions argue that town incorporation is a vested property right? We believe it's pretty clear that town incorporation is a political "privilege," and not a "right." And even assuming that a pending incorporation petition is a vested and valuable property right entitled to protection in Utah courts, how would a court deal with the problem of the political disenfranchisement of those citizens who have been unwillingly dragged into new municipal entities at the whim of neighboring property owners, because of the unintended operation of an ill-conceived law that everyone (including legislators in the State Senate) seems to believe to have been flawed from the outset?

Senator Christensen is quite right, of course. There will be litigation regardless of the manner in which this situation shakes out in the legislature. And in the event of litigation we'll put our money on the litigants who have ALL the equities on their side, i.e., the 100 or so people of Ogden Valley, whose own property and political rights are being trampled by one greedy developer who readily admits its incorporation petition action is tactical, cynically intended to sidestep Weber County regulatory authority and "...take complete control of their own destiny". [Paragraph 4]If there is to be litigation, bring it on. In the meantime we call on all members of the Utah legislature to check out their own moral compasses. We think it's time to "gather up the animals and put them back in the barn," as Senator Christensen suggests.The State Senate's most recent inaction leaves your blogmeister with a profound sense of disgust this morning. It's difficult to believe that this situation is happening in America. Of course this really isn't America, good readers. It's Utah. We're again experiencing another Utah Epiphany, as we said.

And what say our the cyber-folks about all this?

Well done Rudi. The Machman and most in Ogden Valley salute you. I would be at the rally except for posting this to get the word out sooner. If SB 25 is not amended to be retroactive, we as Ogden Valley need to consider pitching in with those who will be disenfranchised directly, using our resources to fight this in court. And we need to know exactly how such legislation was passed so blithely 66 to 0 in the first place? Where is the Ethics Commission? If they never meet nor do anything we need to demand an independent Ethics Commission which has the fortitude to actually do something for a change.Namaste,Minor Machman

Wednesday, February 13, 2008

Looks like the tax break some were expecting for parcels more than one acre has bit the dust due to lack of data (research) and some legislators suspected of protecting the tax cheats who claim more than one primary residence.

And Senator Brown's bill to amend the ill conceived and not debated at all House Bill 466 which lets developers run over residents, planning commisssions and commissioners with impunity is being "slow rolled" to enable Powder Mountain developers to build a case for claiming undue hardship if they must restart their nefarious Town incorporation process.

And the Property Tax Reform Blue Ribbon Study Commission, I proposed back in September, has been predictably reduced to a funded interim group of incestuous and "conflicted" lawmakers and lobbyists. Which will, inevitably, simply pay themselves using our tax dollars, to end up saying, "There's nothing really wrong with the current Truth in Taxation System. It just needs a few tweaks here and there." There is no citizen oversight. There will be no citizen nor independent participation. And there will be no credible report nor findings. Just more waisted time - fraud, waste, and abuse heaped upon us taxpayers by those we have elected to represent us.

This is simply unacceptable. This corrupt behavior and lack of mature adult supervision must stop! And the only way is via the polls in November. I hate to say it, but there is so much corruption and graft infecting our legislature it is time to simply show all those with direct conflicts of interest, who take gifts and "campaign contributions" under the table, - they must all be shown the door in a massive clean sweep of the legislature.

They have truly earned our disrespect and disdain. I apologize to the few - the very few, who are fighting the good fight for ethics reform and campaign finance reforms. There are none who are fighting for property tax reform. And I hope to get either myself or someone in office with the fortitude and integrity to take these embedded nare-do-wells on and work to clean up our legislature.

With regrets for having to share the bad news,

D-Bell

Thursday, 20 September 2007

Utah Department of Commerce warns of investor fraudTESSA WHITE - North County StaffWith the real estate market slowing down, many Utah real estate agents are asking how much of the slowdown is attributed to artificial price inflation brought on by real estate fraud.With several ongoing investigations in the Alpine/Highland area, many homes are sitting vacant or struggling to stay out of bank possession with an inflated loan at above market pricing.The Utah Division of Real Estate has recently targeted the topic in its news bulletin, indicating that investor fraud "may have played a sizeable role in aiding the double-digit price gains seen in the U.S. housing market since 2004."Keller-Williams broker Alan Wade said he began to notice the trend of fraudulent investors last fall.Wade said, "We turned away about 20 percent of the offers we had coming in because there were double contracts and other fraudulent activities involved."The Utah Department of Commerce recently sent out a fraud alert identifying a "dramatic increase in illegal property flipping throughout the state ... most prevalent in areas of new construction and high end homes."The Utah County Board of Realtors indicates that year-to-date home sales over $500,000 are up 29.4 percent over 2006. With Alpine and Highland being a hotbed of high-end homes, investors have been quick to buy.While many are legitimate in their practices, local agents are seeing many people hurt by fraudulent investments. An agent at the Keller-Williams office in Alpine is working to help authorities stop an investor who has asked dozens of naïve clients to use their credit scores and names to secure more than 73 loans in exchange for alleged big money returns on property buys and flips.There are several common scenarios for investment fraud.The first scenario includes the purchase of a property at a lower price, but changing the list price on the MLS so an appraiser sees a higher value for the home. An appraisal is completed using the higher list price allowing the investor to show immediate equity, which is pulled out in the form of cash at closing. An appraisal is completed when the higher price is listed allowing the investor to pull out the extra equity.The problem with this scenario is that it leaves a property that cannot be sold when default occurs because the home isn't worth as much as the loan. It also leaves the investor with "free money" to reinvest or spend.A second scenario is an investor asking a seller to pull the real estate agent out of the loop and take the property off the MLS so a private, "more creative" deal can be done. Frequently, that deal includes third party private buyers with an interest stake, a request for the seller to secure a second loan with the buyer with promises of shared profits at resale, or asking for two contracts -- one with a higher price for the lender and another side agreement for a different price.Wade said, "If you push the price of a home or land up and up, it affects people all up the chain. Not only does the price of homes inflate unnecessarily, but it creates a sense of panic when homes need to correct pricing in order to stay in line with a truer market price."He indicated this is the slowest August and September he's seen in many years, and much of the slowdown he attributes to price "right-sizing pricing" as a consequence to investor fraud as well as an enormous amount of spec homes that were built on speculation that the current pricing was accurate rather than inflated.Mark Wilkinson, Teri Jerman and Alan Wade, all agents and brokers in Alpine and Highland, indicate they have detected a clear increase in Multiple Listing Service (MLS) fraud. Most homes are listed through the MLS and as a result, it becomes a primary tool for appraisers to use for comparables. But when the comparables are artificially inflated to get a higher appraisal, it is illegal.Wilkinson said, "I know of several agents who have been (offered) up to $1,000 to delist and then relist a new sales price on a home which is then available and usable information for a false appraisal."He said this clearly affects the market because it creates a false sense of what homes are worth. Potential sellers come in and think their home should sell for more because their neighbor's home was advertised or sold for an outrageous price through investor fraud.He said, "It is a house of cards. Lenders will lose money and because many loans are guaranteed by the government, ultimately the taxpayers end up paying for fraudulent transactions."Although investor fraud has started to level off as prices have slowed in appreciation, the scenarios are more common than one would think. All three agents echoed the same sentiment. If the deal doesn't seem quite right, it probably isn't.And the effect of fraud on neighborhoods can be devastating, leaving rows of high-end homes for lease or in poor condition as bank repossessions occur.TIPS TO AVOID INVESTOR FRAUDNever let anyone use your credit score or co-sign on a loan you are not willing to payBeware of buyers asking you to cancel your contract with a realtor before doing businessDon't sign purchase contracts that have undisclosed side agreements or addendumsAlways make sure the purchase contract and closing documents list the correct price of the homeWatch out for excessive payments to third parties noted as "consultant fees" or unrecorded second mortgagesAsk your agent to check the property sales history on homes for multiple changes of ownershipSellers should not sign any clause that indicates the home must appraise for substantially more than offer priceWatch out for buyers who ask you to end your listing with an agent or remove listing prior to an offerhttp://www.heraldextra.com/content/view/237895/15/

Monday, February 11, 2008

One in 4 bills poses a conflictJury still out on whether Capitol 'specialties' present a problemCopyright 2008 Deseret Morning NewsBy Lee Davidson and Bob Bernick Jr.Deseret Morning NewsPublished: Sunday, Feb. 10, 2008 12:21 a.m. MST23 commentsOne of every four bills introduced in the current Legislature creates an apparent conflict of interest for sponsors, a Deseret Morning News review shows.That is not too surprising since Utah's 104 lawmakers work only part time in the Legislature, but full time as lawyers, teachers, dentists, Realtors, developers and at other jobs. Many push bills in areas of their expertise — considered one of the pluses of a citizen lawmaking body. While that can take advantage of their knowledge, it can also make them power brokers and leaders in arcane areas of the law, or help their professions.Take, for example, Rep. Lorie Fowlke, R-Orem, one of two members who had all the bills they introduced this year in an area where they work in their private lives. She is an attorney specializing in family law, and her bills ranged from protective order amendments to joint custody amendments and stalking amendments."What is scary is when you have people voting" on bills "they really know nothing about," she said. But Fowlke says that rarely happens in the Utah Legislature, where people from different backgrounds help each other understand issues in their areas of expertise.The individual expertise that 104 legislators can bring to lawmaking is invaluable, she said. "It is really helpful that we have so many different professions up here" to lend their wisdom to lawmaking.She says she saw a need for better law in her area of family legal issues. "My emphasis has always been to clarify the law," Fowlke said. "Good attorneys follow the law. If you agree on the law, then you may (only) go to court over the facts."But others see conflicts as problems. Claire Geddes, who has watched the Legislature for years as a public advocate, says conflicts are "the number one ethical problem at the Legislature — and legislators just don't take it seriously at all."Geddes says votes there rarely break along party lines, and, "Instead, the issues break out along self-interest lines. It is infamous that they pass bills that help their own industries," she said. "The public loses big-time, and everyone just acts like it is OK because we have a part-time Legislature. It is not OK."The Deseret Morning News compared all bills introduced in the 2008 session with legislators' conflict of interest disclosure statements and their known hobbies, jobs or former jobs and the jobs and financial interests of their spouses and close family members.Of 799 substantive bills introduced this session, 210 created apparent conflicts of interest for the sponsors — or 26 percent of them. A similar review last year yielded almost identical findings, with 25 percent of all 2007 bills creating conflicts for sponsors.Conflicts are so common this year that 71 of the 104 legislators, or two of every three, introduced bills that created such apparent conflicts. (A list of how many conflicts were identified for each member can be found at the PDF graphic link at right.)Again, conflicts are not necessarily bad. But some of the more interesting ones noticed during the News review include:• Rep. Jon Greiner, R-Ogden, is also the Ogden police chief. He introduced nine bills dealing with law enforcement. One would allow police chiefs, such as himself, to declare "no-gang zones." Known gang members could be arrested if they refuse to leave such areas or return to them within eight hours.• Rep. Peter Knudson, R-Brigham City, is an orthodontist. He introduced the Dentist and Dental Hygienist Practice Act amendments, and medical insurance amendments.• Rep. Patrick Painter, R-Nephi, a car dealer, introduced motor vehicle amendments.• Sen. Dan Eastman, R-Bountiful, a former car dealer, introduced a bill about the Motor Vehicle Safety Inspection Advisory Council.• Rep. Sheryl Allen, R-Bountiful, a foundation director for Davis School District, introduced a bill changing accounting and reporting requirements by such school foundations.• Rep. Paul Ray, R-Clearfield, works for Sterling Mortgage. He introduced a mortgage fraud bill.• Rep. Gage Froerer, R-Huntsville, a real estate broker, introduced four bills dealing with real estate law. -Plus he has sponsored and cosponsored "Deferred taxation with 6% interest" legislation both last year and this year at the behest of the Realtor Association. A Bill on subdivisions which makes it easier to end run planning commissions. And now we learn he voted for HB 466, which gives all authority for creating Towns to developers at expense of citizen's private property rights. MM• Rep. Richard Greenwood, R-Roy, former Utah Highway Patrol colonel, introduced a bill to make not wearing a seat belt a primary offense for which officers can pull over drivers, and introduced amendments to the "not-a-drop" DUI program.• Rep. Curtis Oda, R-Clearfield, is president of the Concealed Weapon Permit Holders Association. He introduced firearm amendments that would not require concealment of the firearm on a person who has a concealed weapons permit.• Rep. Jim Dunnigan, R-Taylorsville, owns an insurance agency and introduced eight separate bills dealing with insurance issues. Over the years he has become the "go-to guy" on insurance matters."The (state) Insurance Department came to me this year and asked if I would carry some of these complicated matters for them," Dunnigan said, adding that he wanted the department to find someone else."But they asked who else could they get to explain this stuff" to legislators who know little about the technical aspects of insurance. "They asked, I agreed."The Legislature deals with possible conflicts of interest by requiring lawmakers to file written declarations listing where they may have potential financial conflicts. Those declarations can be found at www.le.state.ut.us. Legislators can also verbally declare a conflict when they vote in committee or on their chamber floors.Still, some legislators who are retired from their life-long professions list "none" for potential conflicts on their reports, even though they likely are drawing retirement checks from somewhere. And it is common practice for attorney/legislators to refuse to name their law clients, citing attorney/client privilege.Also, Utah is one of the few states where legislators are required to vote if they are present even on bills where they have clear conflicts of interest. That has resulted in some odd legislative behavior.In the 1980s before the Capitol was remodeled, the House area had a single woman's restroom behind the chambers. On one particularly tough vote, a female legislator locked herself in there, refusing to come out. The House clerk found a key, unlocked the door and the lawmaker was forced to vote.Another legislator once hid behind the House kitchen door. A third used to visit the governor's office when she did not want to vote.Senate Majority Leader Curt Bramble, R-Provo, started work on a bill last year to allow legislators to vote present, and not yes or no, when conflicts arose. But it would require the approval of the body's top three officers. However, he abandoned that effort.Senate President John Valentine, R-Orem, said the effort was dropped because "there was no clear demarcation we could identify when you have a direct pecuniary interest."For example, he said, should a teacher or a person on the board of a charter school vote for the education budget? Valentine said Bramble "found he could not come up with a line that was clear enough demarcation."How about "I have divided loyalties on this issue and therefore I recuse himself." What is so difficult about that? How about an independent ethics commission since the whimps on the legislative version have never so much as investigated nor censored any of their "club". MMConflicts of interest received extra attention in the past year when Reps. Mike Noel, R-Kanab, and Aaron Tilton, R-Springville, had conflicts with potential construction of a nuclear power plant in the state.They are members of or chair House committees that deal directly with nuclear energy. Tilton is an energy consultant who is looking into possibly building a nuclear power plant in Utah, while Noel heads a local water company that would sell the proposed plant $1 million of water each year.Last summer, neither man publicly declared a conflict of interest during hearings on nuclear power until after their involvement was publicized by the media, with each saying they did not believe their private jobs were financial conflicts in that instance.Contributing: Nicole WarburtonE-mail: lee@desnews.com; bbjr@desnews.comRead all 23 commentsRecent commentsUtah native: I think you are a little naive as to how "efficient...Reader Feb. 10, 2008 at 8:27 p.m.Utah native: I can blow your argument sky high in just two words:...Utah resident Feb. 10, 2008 at 8:12 p.m.Actually, Utah's legislators have a better record of keeping...2-cents worth Feb. 10, 2008 at 6:39 p.m.Add your comment

Friday, February 8, 2008

As you appeal your appeals you need to read and understand this short article from the Daily Herald. It is exactly what I have been telling our legislators and trying to tell local news. Sadly we are not really being listened too enough. One Senator even had the outrageous nerve to call HB 54 "his version of modified acquisition value" in a thinly veiled effort to silence our voices.

As usual, ironically a Provo newspaper gets it right, where the others remain clueless at the editorial level. Who would think we have to go to Provo/Orem to get at the truth? I salute the editors of the Daily Herald again.

Rette Speight - DAILY HERALDAs officials supported the new mass appraisal system for determining property values, some citizens spoke out against it. The bill, sponsored by Rep. Wayne Harper R-West Jordan, amends provisions in the Property Tax Act in relation to property appraisal requirements for assessors. The bill was passed with some hesitation, but Rep. John Dougall, R-Highland, said he believed that Harper is "trying to move [counties] into the 20th century."The mass appraisal system would take samples of real estate dealings and create an average, which would be used to determine other property values.Utah County Assessor Poulson said in August that his office uses a computer algorithm to assess the 150,000 properties in the county. But there can be errors in the system, especially when dealing with more than 100,000 properties."I am concerned as we move to a computerized system that we're giving a false hope to the people," said Rep. Tim Cosgrove, D-Murray. "If we want to be upfront, if we want to be able to evaluate the true value of the property we must provide the assessors the tools. I'm struggling to see how we're going to provide that for the citizens of the state."Rep. Craig Frank, R-Pleasant Grove, reminded the committee that "even though we're using a computerized system there's enough hands-on personal touches for evaluating the data. We can't forget that there's human beings running the system."University of Utah economics professor Jim Gander spoke to the committee concerning issues of how the samplings were picked when determining the general values."I sense a feeling among most of the public that members don't feel comfortable with the existing appraisal system," Gander said.Gander pointed out sampling problems, concerning what he calls "arms length dealing," or dealings between family members."What is missing is the information a willing buyer and a willing seller have," Gander said. "When homes are bought for moving in or establishing residence, that information is quite different than what speculators have. Any other sale is outside of a fair market."These "other sales" might be what are affecting the market value, Gander told the committee. He is worried that this skewed model could be "why people aren't happy."Poulson told the committee that although he and Utah County commissioners support the bill, Gander's sampling concerns are valid."If you're trying to sample the general population, if you don't have enough samples, you can go out and find more," Poulson told the committee. "But when you're dealing with real estate, you only have as many homes as are being sold. You're very limited by the amount of data you have. There are a lot of sales out there that we don't even have the access for the data."Poulson also told the committee that Utah County has "some of the worst real estate fraud, not only just in the state, but possibly even in the nation."Poulson said that Utah County is very involved with the transactions and data that is analyzed, and great effort it put into making adjustments to keep the property values fair.

Wednesday, February 6, 2008

Below is a recent message sent to the "movers and shakers" who lead efforts to revise property taxation, indeed all taxation issues. I lay awake one morning thinking about the most significant problems with our current property tax law and worked on it. This "temporary solution proposal" is the significant relief I think we need in the more immediate or short term (next two years) while a more permanent solution is researched and studied such as acquistion value (purchase price) or baseline taxation.

Let me hear from you if you agree or disagree. And please remember to let the legislature hear from you again this week. Writing a letter to the editor of the Standard Examiner will "kill two birds with one stone."

And finally, the "rest of the story" about what really went down in Committee, as our local Representative sponsored HB 155 was discussed, is found on "page two".

I know you are very busy now but I would like for you to think about something.

The current "Truth in Taxation System" has many flaws. I will not spend time delineating them as I think you are all aware.

But the most pressing and important concerns are deficiencies in "fairness" and "ability to pay".

And although I think we need our own version of acquisition value or modified acquisition value property taxation, I realize changing the Constitution and implementing AV or baseline could take several years.

So I would like you to consider this and offer it as an interim and more immediate solution.

Base property taxes on State adjusted gross income and charge 2%. In this manner everyone would benefit. Think about it.

Indigent and the poor struggling to get by on $20,000 in Social Security would pay $400. You could repeal the Circuit Breaker safeguard. You can put a stop to Froerer's and now Buttar's "Deferred Property Taxation" nonsense.

Property owners on a fixed income of $50,000 would pay $1,000 and no more. Young couples filing jointly in a rental situation making $72,000 and saving for a down payment on a home would pay $1,440. And it would be "fair" since they probably have kids in public schools. Landlords making $250,000 a year would pay $5,000 in property taxes. "Fair" because he/she has income earning property. The President of the University of Utah Medical Center would pay $10,000 in property taxes since his salary exceeds the limit of $500,000 a year where exemptions kick-in.

No more tax evaders claiming "primary residence" 45% discounts for vacation homes. No more debates or arguments about special interests or exemptions since property taxes simply become an extension of income/education taxes. No more outrage over unfair property taxes with all their "unique" injustices. No squabbles over whether local ordinances require more than one acre and taxing the "luxury" acerage at full market valuations.

This new property tax could be easily collected using the "Education/Income Tax" process. People, knowing their annual incomes, could budget for it and have their property taxes withheld by the state monthly. No more November shock and awe or "sticker shock" from guess work and game playing local governments.

"Other taxing entities" would be funded based upon existing pro rata shares of property taxes collected via the State Tax Commission. State could control expenditures and "Mac-mansion" public building construction and excessive growth in local (County) budgets. They could at long last be could be held in check.

Twenty-nine County assessor's offices could be virtually eliminated to pay for any minor increased responsibilities of the State Tax Commission. This would save taxpayers hundreds of millions of dollars which could be used to help with increased investments in natural resource funding and the bottomless pit of the public school system.

This solution would enable the Real Estate market to take its natural course via supply and demand without impacting property taxation.

Continuing to allow local entities to tax citizens must be considered a dismal failure. Counties and "other taxing agencies" have abused their taxing authority and continue to grossly abuse taxing powers. It is past time to reign them in before all trust and confidence in government is compromised beyond repair.

I hope this idea may be of some use to you in resolving the current problems with "unfair" property taxes which ignore "ability to pay" considerations.

Namaste,

D-Bell285 S. 7200 E.Huntsville, UT 84317

House Bill 155 is the one Keith Smith and so many others have been seeking relief from living under the yoke of the three acre minimum Ogden Valley ordinance. They are unfairly having to pay property taxes based on $100,000 and $200,000 an acre full market value "guesswork" and "speculation" by Weber County assessors on the extra two acres without a residential discount.

Oh, and the reason HB 155 is stalled is because its sponsor, Representative Gage Froerer, did not do all his homework. Questions were raised by several during the House Revenue and Taxation Committee on Tuesday. Frank Gardner, with the Utah Association of Counties was only one who wanted to know specifics. Like how much of a tax shift will be bourne by surrounding property owners or people living in other areas of the County.

Each Bill has a basic cost or revenue figure attached which they refer to as a "fiscal note". Yet there was none. This is usually obtained from the analysts in the legislative research department. Representative Hughes said with no cost information for the shift, I think it is too important to move it forward without this important information. Chariman Dougall asked Mr. Gardner to work with the sponsor in an emergency meeting in order to work out the details before the next scheduled meeting early Monday morning.

Yet when the Chairman asked for how much of a "shift" in tax dollars, as did others, only vague and subjective answers like "not great", "it would not be a significant amount", "somewhat minor" and "negligible amount" came from Representative Froerer.

The Committee thus voted to "table" the Bill so that the basic research could be done and a dollar figure less vague and nonspecific could be worked up by legislative research.

Sunday, February 3, 2008

I have told all the Coalition we must make this information such common knowledge that every citizen should know it almost by heart before the elections this year. We need to rid our legislature of these rascals and replace them with honest and capable, genuinely motivated public servants, retired with no particular "dog in any hunt" and thus COIs.

I spoke with Senator Howard Stephenson, the Dean of and/or "Godfather of our current Truth in Taxation scheme" based upon "current market valuations" and currently locked-in by the State Constitution wording. He said he supports our acquisition value assessments approach. And in fact he made his own proposal for Acquisition Value based assessments several years ago. I was shocked by his statement and asked "So what happened to your proposal?" To which he replied "The Realtor's Association killed it. They jumped all over it."

Now is anyone listening? The man who worked the hardest for TNT even knows and has known apparently for several years the system has been corrupted and by whom and why.

"The more I learn about what has happened and is continuing within the legislature due to Realtor and Developer lobbyists' inappropriate influences and interference, the more angry I get about it. And like Howard Jarvis was in 1978..."I'm mad as Hell". And you all should be also....Minor Machman

A recent article quotes lobbyists for the League of Utah Cities and Towns and Voices for Utah Children who claim that switching to acquisition value based property taxation would hurt young couples. The Coalition for Tax Fairness would like to refute this notion.

“My mother was a single parent mom with my two sisters and I living alone in California when Proposition 13 was passed. At that time we were barely surviving nearing starvation and becoming homeless due to property taxes being so high based upon current market value. Proposition 13 (acquisition value) saved me and my family’s life.” Jeannie Wendell, co editor of the Ogden Valley News.

The advantage of acquisition value applies to everyone, not just seniors. Coalition members believe everyone is threatened by taxation based upon property appreciation values which exceed inflation. This is not a “we (seniors) versus them (our children)” issue.

Acquisition value has been challenged in the courts all the way to the US Supreme Court. In every case, the courts have decided that acquisition value is not only fair and constitutional, but also desirable because it provides “preservation, continuity and stability” in local neighborhoods. It is not surprising, then, that virtually every other state in the union has replaced current market valuation assessments with acquisition value assessments.

Consider this. Utah property sales activity and tax revenues will be negatively impacted if Utah becomes infamous for taxing people out of their homes. Seniors on fixed incomes will be, and are in fact, moving out, shifting significantly more tax burden onto younger families. This is bad for both senior citizens and younger citizens.

Many Utah citizens are living in denial having not yet experienced these large increases. But their turn will come next year or the year after. People who have already received large increases in property taxes are putting property up for sale and moving away or going bankrupt. Others are stressed as they see the most important possession in their life - their security and hope for self-reliance - being taken from them by an unfair antiquated taxing system.

So why does Utah still rely on an antiquated and unfair property tax system?

The answer lies in the fact that this system of taxation has the full support of the most powerful lobbying group in the state of Utah - the Realtors Association of Utah.

Chris Kyler, CEO of the association, bragged, "I've got people who are on county commissions, mayors, state senators. Our lieutenant governor was president of our state association about 20 years ago. Our people are involved in the parties, too. We've got precinct chairs and vice chairs and county delegates throughout the state."

No fewer than 22 people who make their living in real estate also serve as members of the Utah legislature. (Our Representative Froerer served as President of the Utah Realtor Association before being elected to the House in 2006.) Not surprisingly, Utah has some of the toughest real estate laws in the country—which protect the business interests of Realtors and their 6% commissions. (ref. http://governing.com/archive/2006/jun/realtors.txt

Kyler has been with the Utah Association of Realtors during the state's last eight legislative sessions. "Of the bills that we've opposed since 1999, we've been able to defeat 100 percent of them," he says. "We either defeated all of them or we amended them so that it made our position neutral."

So long as the present Utah property tax system is strongly supported by the powerful real estate lobby, we will not have fairness in taxation, and all citizens will suffer, young and old alike.

Acquisition value is easy to understand, easy to administer objectively, and it provides fairness for all demographics, while still providing a stable revenue flow for our taxing entities.

Tell your legislators and the Governor this by writing a letter to the editor of the Standard Examiner this week. They have a 250 word limit and say they will bundle themn and send to our legislators. This is a unique opportunity to make our voices count. I have written mine and sent it in, have you?

Property tax reform (not band aids on symptoms as suggested.)

Circuit Breaker “safeguards”: Yes, raise them to reasonable levels but tie to inflation.

Five year rolling averages: No, “We reran the taxes on an 18,000 residence sample to determine winners and losers. Winners were homes valued from $500,000 to $700,000 (i.e. the outside money coming into the state is bidding up the prices on that home price range). Half the tax shift was to $150,000 homes (i.e. out of state home buyers don't want an inexpensive home so prices on those homes are pretty flat.) The other half of the tax shift went to commercial property. I have decided that a 5 year rolling average is not the answer.I now believe the answer can be acquisition value plus cost of living increase annually. I will support that concept. It will take a constitutional amendment but I think it is doable. What we have now is very unfair.” Senator Stowell.

Computer mass reassessments: No, requires Davis Co. to use computers. Weber, Utah, and Salt Lake have done it for years. Does not cure the “disease” (fair market value reassessments) and perpetuates inequities and magnifies errors in their data bases.

“There are others”: Yes, acquisition value (AV) or “baseline” Prop. 13 “type”. At least half the United States agree, having ditched “Truth in Taxation” and all its flaws. Find a homeowner who lived under AV, who does not think it fair and want it for Utah. I can not. Support credible study effort designed to recommend most fair property taxation and enact it next session.